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June 15, 2007

Commentary on Libby's appeal prospects

At FindLaw, John Dean has this provocative commentary entitled, "Scooter Libby's Appeal: The Focus Shifts To the Highly Political U.S. Court of Appeals for the D.C. Circuit." Here are its closing sentiments:

If [the DC Circuit] stays Libby's sentence, that will be a grievous mistake. Judge Walton has taken care to scrupulously follow the law, and he has clearly set aside the fact he was appointed by a Republican president. If the panel deciding upon the stay should overrule Judge Walton, that result ought send shudders through the land -- because it will mean the rule of law has become secondary to party loyalty.

So we'll see. I would be stunned if a GOP-majority panel or, indeed, any panel gave Scooter Libby a pass.